Christians v. Dmitruk (In re Dmitruk)

517 B.R. 921
CourtUnited States Bankruptcy Appellate Panel for the Eighth Circuit
DecidedSeptember 15, 2014
DocketBAP No. 14-6023
StatusPublished
Cited by1 cases

This text of 517 B.R. 921 (Christians v. Dmitruk (In re Dmitruk)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Appellate Panel for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christians v. Dmitruk (In re Dmitruk), 517 B.R. 921 (bap8 2014).

Opinion

FEDERMAN, Chief Judge.

The Chapter 7 Trustee appeals from the Order of the Bankruptcy Court1 overruling the Trustee’s objection to the Debtor’s claimed exemption in the portion of his state income tax refund which came from the Minnesota Education Credit, as “government assistance based on need” under § 550.37, subd. 14 of the Minnesota Statutes. For the reasons that follow, we AFFIRM.

FACTUAL BACKGROUND

Debtor Paul R. Dmitruk filed a Chapter 7 bankruptcy case on April 26, 2013. At the time of filing, the Debtor, his wife, and three minor children lived on his $1,250 monthly income and $900 monthly food stamp allowance. He chose to claim Minnesota exemptions2 and, in an amended Schedule B, he claimed exemptions in several separate components of his federal and state income tax refunds under § 550.37, subd. 14 of the Minnesota Statutes, as “government assistance based on need.” The Chapter 7 Trustee objected to the exemptions, some of which the Bankruptcy Court allowed, and some of which the Court denied. This appeal involves only one component of the claimed exemptions: the portion of the Debtor’s 2013 state income tax refund for the Minnesota K-12 Education Credit in the amount of $1,357. The Bankruptcy Court overruled the Trustee’s objection and allowed the Debtor to claim the exemption under [923]*923§ 550.87, subd. 14. The Chapter 7 Trustee appeals.

STANDARD OF REVIEW

We review the Bankruptcy Court’s findings of fact for clear error and conclusions of law de novo.3 The Bankruptcy Court’s statutory interpretation is a question of law that is subject to de novo review.4 Likewise, the allowance or disal-lowance of an exemption is subject to de novo review.5

DISCUSSION

The Debtor claimed his Minnesota Education Credit exempt under § 550.37, subd. 14 of the Minnesota Statutes. That statute provides, in relevant part:

Subd. 14. Public assistance. All government assistance based on need, and the earnings or salary of a person who is a recipient of government assistance based on need, shall be exempt from all claims of creditors including any contractual setoff or security interest asserted by a financial institution. For the purposes of this chapter, government assistance based on need includes but is not limited to Minnesota family investment program, general assistance medical care, Supplemental Security Income, medical assistance, Minnesota-Care, payment of Medicare part B premiums or receipt of part D extra help, MFIP diversionary work program, work participation cash benefit, Minnesota supplemental assistance, emergency Minnesota supplemental assistance, general assistance, emergency general assistance, emergency assistance or county crisis funds, energy or fuel assistance, and food support. The salary or earnings of any debtor who is or has been an eligible recipient of government assistance based on need ... shall, upon the debtor’s return to private employment or farming after having been an eligible recipient of government assistance based on need, ... be exempt from attachment, garnishment, or levy of execution for a period of six months after ... all public assistance for which eligibility existed has been terminated. The burden of establishing that funds are exempt rests upon the debtor.... 6

The statute does not specifically mention education credits in the list of examples of the types of government assistance which are exempt. However, the list is not exclusive, and so the question is whether the education credit portion of the tax refund fits within the Minnesota legislature’s concept of “government assistance based on need.” 7

We have recently said, in addressing whether a Minnesota state property tax refund was exempt under § 550.37, subd 14:

When a debtor elects to exempt property pursuant to state statute, courts determine such eligibility by looking to state law. In Minnesota, the goal of statutory interpretation is to determine the intent of the legislature. When ascertaining legislative intent, courts interpreting Minnesota statutes may be guided by the presumptions detailed in [924]*924Minn.Stat. § 645.17. That statute provides that “the legislature does not intend a result that is absurd, impossible of execution, or unreasonable” and “the legislature intends the entire statute to be effective and certain.” It is well-settled that exemption statutes must be construed liberally in favor of the debtor and in light of the purposes of the exemption.8

The Trustee asserts that the Bankruptcy Court erred in finding the Minnesota Education Credit was government assistance because: (a) the purpose of the Education Credit is not to provide relief for low income families; (b) treating the Education Credit refund as government assistance based on need leads to an unreasonable result; and (c) the language of the statute is clear that Education Credit refunds do not constitute government assistance based on need when compared to the payments and subsidies specifically listed in Minn.Stat. § 550.37 subd. 14. He also asserts that the caselaw does not support the Bankruptcy Court’s decision.

The Trustee has concisely summarized the Minnesota Education Credit: The Minnesota Education Credit was enacted in 1997 and is currently codified in § 290.0674 of the Minnesota Statutes. It is a refundable credit of up to 75 percent of education-related expenses for each qualifying child in kindergarten through grade twelve, with a maximum credit of $1,000 per child. The $1,000 maximum for one child phases out at a rate of $1 for each $4 of income over $33,500, and the maximum for more than one child ($1,000 multiplied by the number of qualifying children) phases out at a rate of $2 for each $4 of income over $33,500. The credit is fully phased out when income reaches $37,500 for families with two qualifying children; when income reaches $39,500 for families with three qualifying children; at $41,500 for families with four qualifying children; and so on.

Minnesota also allows a tax deduction (as opposed to a tax credit) for education related expenses of up to $2,500 for dependents in grades 7 to 12 and $1,625 for each dependent in kindergarten through grade 6.9

Eligible education expenses are the same for the deduction as they are for the credit, except that payment of nonpublic school tuition qualifies for the deduction, but does not qualify for the credit. Generally, eligible expenses for the credit include expenses related to transportation, textbooks, instructional materials, tutoring, academic summer school and camps, and up to $200 for computer or education related software.10 The credit is fully refundable, meaning that, if an individual’s Education Credit exceeds his or her tax liability, the excess is still paid to the individual in the form of a refund check.11 In addition, parents may assign payment of the credit to participating financial institutions and tax-exempt foundations, and in effect, receive a loan that is paid directly to a third party provider of educational [925]*925services and programs.12

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Cite This Page — Counsel Stack

Bluebook (online)
517 B.R. 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christians-v-dmitruk-in-re-dmitruk-bap8-2014.